Upton looks to clarify cemetery roles

Friday

Jan 10, 2014 at 5:00 AM

By Mike GleasonDaily News Staff

UPTON - The Board of Selectmen met with the Cemetery Commission this week in an attempt to clarify who is responsible for cemetery maintenance in town.At issue is the 1989 state legislative act that established the town Department of Public Works. The act transferred maintenance responsibilities to the department, yet the Cemetery Commission continued its upkeep work as it had before.The discrepancy was discovered last year, and the town has been working to clearly delineate the responsibilities of the two bodies. The selectmen met with the commissioners Tuesday to discuss a memorandum of understanding to that effect.Selectman Robert Fleming told the commissioners that the law was used to draft the memorandum as the town interpreted it."My only issue is to make sure we're in compliance with Massachusetts law," he said. "After the act in 1989, there were changes made that haven't been followed through."Commission Chairman Leo Lamanuzzi said his concern was in how these changes would affect the workings of the three-member group."What happens to us as workers?" he asked. "We're cemetery commissioners, but we're workers as well."Town Manager Blythe Robinson said that has as yet to be determined."I think we're going to make a recommendation on what kind of staffing we think we need and the equipment to do it with," she said, adding that she was unsure where three part-time workers would fit in with those plans.Fleming said he understood the commission's concern."We get that, clearly, you don't want to be removed from a job you love, and get compensation for, but it's been brought to our attention that there's a law that we're not following," he said.Lamanuzzi, though, noted a passage in the 1989 law that the transfer should be made without a loss of pay or seniority.Selectman Ken Picard said that provision was likely meant to apply to the then-current workers. The board, though, decided to consult with town counsel about the matter. Mike Gleason can be reached at 508-634-7546 or mgleason@wickedlocal.com. For news throughout the day, follow him on Twitter @MGleason_MDN.